STREAMLET KHONGWIR Vs. MIRACULOUS JYRWA

JUDGEMENT

(1.) Heard Mr. H.Nongkhlaw, learned counsel for the appellant and also Mr. S.R.Lyngdoh, learned counsel for the respondents.

(2.) This Misc. Appeal (Second) has been preferred against a judgment and order dtd. 29/1/2025, passed by the Judge, District Council Court in Misc. Civil Appeal No. 10 of 2023, arising from Misc. Case No. 77 of 2022 in T.S. No. 84 of 2022. It is noted at the outset that the instant Misc. Appeal (Second) has been preferred against concurrent findings of the two Subornidate Courts, whereby the suit filed by the appellant had been dismissed on the ground of res judicata.

(3.) Mr. H.Nongkhlaw, learned counsel for the appellant has submitted that though it is a fact that the Predecessor-in-Interest of the appellant was arrayed as the defendant No. 4 in the earlier suit, she did not contest the same and the same had proceeded ex parte against the said defendant (Late) Prensibon Khongwir. It is also fairly submitted by the learned counsel for the appellant that against the judgment and decree that was passed in T.S. No. 19 of 1982, no appeal or revision was ever preferred. The limited ground of the appeal which has been canvassed by the learned counsel for the appellant is that the reason for non-participation of the Predecessor-inInterest of the appellant was that there existed a Mortgage Deed which had been executed on 5/12/1987, in favour of the earlier defendant No. 4 (Late) Presibon Khongwir, which allowed 10 years for the said loan amount to be liquidated and as such, at that point of time, he submits, the 10 years period having not elapsed, the Predecessor-in-Interest choose not to participate in the proceedings. The cause of action of the appellant, he submits, arose only in the year 2022, when the respondents questioned her title. He submits that both the lower Courts below having not appreciated this fact, had thus committed an error in law and fact in dismissing the Title Suit on the ground of res judicata.